All posts tagged: Constitutions

Centre warns of breach of Constitution’s basic structure if it issues directions, ‘opening Pandora’s box’ | Legal News

Centre warns of breach of Constitution’s basic structure if it issues directions, ‘opening Pandora’s box’ | Legal News

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The Centre on Friday opposed the Delhi High Court’s intervention in a PIL seeking GST reduction on air purifiers from 18% to 5% by classifying them as medical devices, warning that any judicial direction would constitute the court stepping into the legislative domain and violate the Constitution’s basic structure of separation of powers. Terming that entertaining the petition would “open up a Pandora’s box” and that the Centre is “scared from the constitutional perspective”, ASG N Venkataraman, appearing for the Centre said that there is already a legislative process involved in dealing with recommendations made in parliamentary standing committee reports as well as how GST Council meetings deliberate on proposals. “How can this process be scuttled through a court process?,” ASG implored. While the Delhi HC, on December 24 had also suggested the Centre to consider if a virtual meeting of the Council can be called for given the emergent air pollution situation in Delhi and its surrounding areas, ASG Venkataraman also made it clear on Friday that the same will not be possible. Referring …

The Delhi Files The Bengal Chapter teaser: Mithun Chakraborty recites the Constitution’s Preamble with a burnt tongue | Bollywood

The Delhi Files The Bengal Chapter teaser: Mithun Chakraborty recites the Constitution’s Preamble with a burnt tongue | Bollywood

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Jan 26, 2025 10:24 AM IST The Delhi Files The Bengal Chapter teaser: In the video, Mithun walked through a vacant corridor as he sported a rugged look with a white beard. Filmmaker Vivek Agnihotri has unveiled the teaser of his upcoming film The Delhi Files: The Bengal Chapter. Taking to its YouTube channel, Abhishek Agarwal Arts on Sunday shared the over-two-minute-long video. The teaser revealed the first look of actor Mithun Chakraborty. (Also Read | Interview: Vivek Agnihotri on why he sued Mamata Banerjee, his views on having Y-category security, The Delhi Files) The Delhi Files The Bengal Chapter teaser: Mithun Chakraborty in a still from the film. Mithun’s first look from The Delhi Files unveiled In the teaser, Mithun walked through a vacant corridor as he sported a rugged look with a white beard. His character recited the Preamble to the Constitution of India, but with a burnt tongue. He visibly looked tired as he limped while speaking. The video ended with Mithun’s character leaning on a wall as he completed speaking. About …

CJI Sanjiv Khanna recuses himself from hearing pleas on IOA and AIFF constitutions

CJI Sanjiv Khanna recuses himself from hearing pleas on IOA and AIFF constitutions

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Chief Justice of India (CJI) Sanjiv Khanna on Monday recused himself from hearing two separate petitions related to the finalisation of the constitutions of the Indian Olympic Association (IOA) and the All India Football Federation (AIFF). Both constitutions were drafted under the supervision of former Supreme Court judge, Justice L. Nageswara Rao. At the start of the proceedings, CJI Khanna, sitting alongside Justice Sanjay Kumar, informed the court that he would not be part of the bench for these cases due to his prior involvement with one of the pleas in the Delhi High Court. “Let the pleas come before another bench headed by Justice PS Narasimha on February 10. I remember hearing this in Delhi High Court,” he stated. JUST IN ⚡️ : Chief Justice of India Sanjiv Khanna has recused himself from hearing the AIFF & IOA draft constitution pleas. #90ndstoppage The case to be now heard by SC bench headed by Justice PS Narasimha Rao on February 10th. Objections of AIFF to be heard on the same day.… pic.twitter.com/9oWxglppxf — 90ndstoppage (@90ndstoppage) …

CJI Sanjiv Khanna recuses from hearing pleas on IOA, AIFF constitutions | Latest News India

CJI Sanjiv Khanna recuses from hearing pleas on IOA, AIFF constitutions | Latest News India

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Jan 06, 2025 01:16 PM IST CJI Sanjiv Khanna recused himself from hearing pleas on the Indian Olympic Association and All India Football Federation constitutions, Chief Justice of India Sanjiv Khanna on Monday recused himself from hearing two separate pleas pertaining to finalisation of the constitutions of the Indian Olympic Association and the All India Football Federation, both framed by former apex court judge Justice L Nageswara Rao. Sanjiv Khanna, India’s chief justice, declined to hear two distinct appeals on Monday that concerned the completion of the All India Football Federation’s and the Indian Olympic Association’s constitutions.(ANI/Mohd Zakir) At the outset of the proceedings, the Chief Justice of India (CJI), who was sitting on the bench with Justice Sanjay Kumar, said he would not be part of the bench to hear these cases as he had earlier taken up one of the pleas in Delhi High Court. “Let the pleas come before another bench headed by Justice PS Narasimha on February 10. I remember hearing this in Delhi High Court,” CJI Khanna said. Also read: …

Supreme Court Dismisses Plea Against “Socialist”, “Secular” In Constitution’s Preamble

Supreme Court Dismisses Plea Against “Socialist”, “Secular” In Constitution’s Preamble

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The amendment changed the description of India in the Preamble. (Representational) New Delhi: In a significant verdict, the Supreme Court on Monday dismissed pleas challenging the 1976 amendment to the Constitution adding terms “socialist”, “secular” and “integrity” to the Preamble. The words “socialist”, “secular” and “integrity” were inserted into the Preamble to the Constitution under the 42nd constitutional amendment moved by the Indira Gandhi government in 1976. A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar had on November 22 reserved its verdict on the pleas filed by former Rajya Sabha MP Subramanian Swamy and advocate Ashwini Updhayay challenging the inclusion of the words “socialist” and “secular” in the Preamble to the Constitution. One of the first petitions was filed by one Balram Singh through advocate Vishnu Shankar Jain in 2020. “The writ petitions do not need further deliberation and adjudication. The amending power of Parliament over the Constitution extends to Preamble,” the CJI said while pronouncing the verdict. The CJI said the verdict explained that after so many years the process cannot …

Supreme Court rejects plea to remove ‘Socialist’ and ‘Secularism’ from Constitution’s Preamble – India TV

Supreme Court rejects plea to remove ‘Socialist’ and ‘Secularism’ from Constitution’s Preamble – India TV

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Image Source : PTI/X The words ‘Socialist’ and ‘Secular’ were inserted in the Preamble of the Constitution under the 42nd Constitutional Amendment Act. The Supreme Court on Monday dismissed a petition seeking the removal of the words “Socialism” and “Secularism” from the Preamble of the Indian Constitution. The petition was filed by former Rajya Sabha member Subramanian Swamy, advocate Ashwini Upadhyay, and one Balram Singh. Notably, the inclusion of “Socialism” in the Preamble was introduced through the 42nd Constitutional Amendment during Indira Gandhi’s tenure as Prime Minister in 1976. A Supreme Court Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar has reiterated that Parliament holds the authority to amend the Constitution, including its Preamble. The Bench addressed the interpretation of “Socialism” and “Secularism,” emphasising their relevance within the Indian context. It also stated that the framing of policies concerning these principles is a prerogative of the government.  What did Supreme Court say?  During the hearing, the Supreme Court observed that “Socialism” and “Secularism” are integral to the basic structure of …

BJP govt won`t alter constitution`s preamble or reservation, says Rajnath Singh

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Defence Minister Rajnath Singh dismissed charges from the Congress as political posturing, saying that the BJP government has no plans to amend the Constitution or abolish reservations. Singh attacked the Congress in an interview with PTI for disseminating untrue rumours that the BJP would change the Constitution if it were re-elected. Singh specifically refuted any intention to change the Preamble. Congress leader Rahul Gandhi expressed anxiety that the BJP could eliminate the phrase “secular,” and Singh sought to allay that fear by providing comfort on the Preamble, the PTI report added.  Singh, per the report, emphasised that the BJP would maintain its integrity while pointing out that the Congress had a history of changing the Constitution during the Emergency. The fundamental ideas of the Indian Constitution are outlined in the Preamble. India`s status as a “sovereign democratic republic” was altered to a “sovereign, socialist secular democratic republic” in 1976 by the passage of the 42nd Amendment. “The Congress brought constitutional amendments 80 times. They changed the Preamble during the Emergency. The BJP will never change …

Could Preamble have been amended without altering Constitution’s adoption date? | Latest News India

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The Supreme Court on Friday agreed to examine whether the words “socialist” and “secular” could have been inserted in the Preamble of the Indian Constitution in 1976 even though the date of the adoption of the Constitution remained unaltered — November 26, 1949. The top court was hearing a pair of petitions that have sought deletion of words “secular” and “socialist” from the Preamble (ANI) Hearing a pair of petitions that have sought deletion of words “secular” and “socialist” from the Preamble, a bench of justices Sanjiv Khanna and Dipankar Datta clarified that the court did not mean to say that Preamble cannot be amended at all, but the question arose if it could have been tweaked when the date of adoption of the Constitution was a part of the Preamble too. Experience Delhi’s rich history through a series of heritage walks with HT! Participate Now “Just consider this…Can the Preamble be changed while keeping the other date intact? This is perhaps the only Preamble we have seen that comes with a date. On so …

Constitution’s Three Pillars Have Limitations, Should Try To Work Within Limits Lok Sabha Speaker Om Birla

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“I hope that these three pillars will work within their respective jurisdictions,” he said (File) Raipur, Chhattisgarh: Lok Sabha Speaker Om Birla on Saturday said that all three pillars of the Constitution have their limitations and they should try to work within their limits. Mr Birla was talking to reporters after his session during an orientation programme organised for the newly elected MLAs of the Chhattisgarh assembly. Mr Birla said, “We have three pillars within the Constitution – legislative, executive and judiciary. Everyone has their own limitations and all the pillars should try to work within their limits and within their scope of work. As far as the executive, judiciary, and legislative are concerned, we all complement each other and work in harmony.” He said the judiciary has the right to review any law. If the legislature works properly and there is maximum discussion as per requirement, then no pillar will be able to interfere, he said. “If the legislative (pillar) is strong then accountability can be fixed within the executive and transparency will follow. …